Boeger v. Langenberg
Missouri Court of Appeals
Error to the Gasconade Circuit Court. — Hon. Rudolph I-Iirzel, Judge. (1) The plaintiff in replevin, as in ejectment, must recover on the strength of his own title, and cannot rely on infirmities in the title of the defendant. Gartside b. Nixon, 48 Mo. 138 ; Fleming v. Clark, 22 Mo. App. 218. (2) A mortgagee of personal property is not entitled to possession of the property mortgaged until default be made in the conditions of the mortgage, unless so provided by the mortgage.
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Error to the Gasconade Circuit Court. — Hon. Rudolph I-Iirzel, Judge. (1) The plaintiff in replevin, as in ejectment, must recover on the strength of his own title, and cannot rely on infirmities in the title of the defendant. Gartside b. Nixon, 48 Mo. 138 ; Fleming v. Clark, 22 Mo. App. 218. (2) A mortgagee of personal property is not entitled to possession of the property mortgaged until default be made in the conditions of the mortgage, unless so provided by the mortgage. Chandler v. West, 37 Mo. App. 631 ; Bheble v. Curdt, 56 Mo. 437; Barnett v. Pimberlake, 57 Mo. 499 ; Stonebraker v.…
1Opinion of the CourtSmith, P. J.
This was an action under the provisions of the statute in relation to the claim and delivery of personal property to recover the possession of a mule. The record before us discloses the facts of the case to be, that, by the will of Adolph Buecker, who died in Gasconade county, in this state, his widow, Sophie Buecker, and his son, Henry Buecker, were made his sole residuary legatees; the latter, Henry Buecker, being also named as executor. The testator’s estate was insolvent, though-it owned considerable personal property. There were inventoried two mules' as the property of the estate. The…
2Cases cited25 opinions
- Smith v. AyerSupreme Court of the United States · 1880
- Stonebraker v. FordSupreme Court of Missouri · 1884
- Lafayette County Bank v. MetcalfMissouri Court of Appeals · 1888
- Martin v. JuddIllinois Supreme Court · 1871
- Hughes v. MenefeeMissouri Court of Appeals · 1888
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3Cited by11 opinions
- Goodell v. MonroeSupreme Court of New Jersey · 1917
- McCracken v. McCaslinMissouri Court of Appeals · 1892
- Green v. TittmanSupreme Court of Missouri · 1894
- Moore v. CarrMissouri Court of Appeals · 1896
- McMillan v. GraystonMissouri Court of Appeals · 1900
6 more not listed; retrieve them via the Exa API.